Abstract:

The protection of personality right in public law needs to accurately define the connotation of personality right. “Personality right” first appeared in Roman law, and was treated as a concept of public law in German Basic Law in 1949. It has developed in judicial practice and theory of public law. The concept of personality right mainly originated from Kant. Examining Kant’s relative ideas helps us understand the dimension and connotation of personality right. To provide value guidance and theoretical support for the protection of personality right in public law, this paper explores the general concept of personality right in public law from the perspective of history, theory and juridical practice and then clarifies the objective legal order requirements of personality right to the state.

Key words: public law, personality right, human dignity in Kant, state obligation